2023 (3) TMI 559 - AT - Income Tax

Exemption u/s 11 - amount recd. from students over academic fee, being towards transportation /Mess etc. facilities as a separate business activity - HELD THAT:- It is not in dispute that the Revenue has accepted the case in the earlier as well as subsequent years with identical facts wherein no additions were made in respect of the amount received from the students over academic fees towards transportations/mess etc. Further, we observe that in the case of Daya Nanda Pushpa Devi Charitable Trust Vs. ACIT, Ghaziabad [2021 (7) TMI 124 - ALLAHABAD HIGH COURT] held that activity of running hostel is an integral part of education so as to out of clutches of Section 11(4A) of the Act, though the assessee had maintain sufficient separate account in as much as separate ledger account for the same maintained.

In view of the above settled position of law and considering the fact that the Revenue has accepted the case of the assessee on earlier as well as subsequent years with identical facts, we are of the opinion that the grounds of appeal of the assessee deserves to be allowed, accordingly the additions made by the A.O which was sustained by the CIT(A) is hereby deleted by allowing the Grounds of Appeal and consequently we hold that the assessee is entitled for the benefit u/s 11/12 of the Act. Appeal filed by the assessee is allowed.